STATE OF NEW YORK
________________________________________________________________________
2355--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 15, 2021
___________
Introduced by M. of A. STIRPE, COLTON, CARROLL, WALLACE, REYES, COOK,
NOLAN, THIELE, ZEBROWSKI, TAYLOR, GOTTFRIED, GRIFFIN, DeSTEFANO,
MONTESANO, RA, GLICK, McDONOUGH, STECK, JACOBSON, CRUZ, AUBRY, SIMON,
BRONSON, PERRY -- Multi-Sponsored by -- M. of A. RAMOS -- read once
and referred to the Committee on Labor -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the labor law, in relation to the calculation of weekly
employment insurance benefits for workers who are partially unem-
ployed; and repealing certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 522 of the labor law, as amended by chapter 720 of
2 the laws of 1953, is amended to read as follows:
3 § 522. Total unemployment and partial unemployment. "Total unemploy-
4 ment" means the total lack of any employment [on any day] during any
5 week. "Partial employment" means any employment during any week that is
6 less than full-time employment so long as the compensation paid is less
7 than the claimant's weekly benefit rate plus the claimant's partial
8 benefit credit. The term "employment" as used in this section means any
9 employment including that not defined in this title.
10 § 2. Section 523 of the labor law is REPEALED and a new section 523 is
11 added to read as follows:
12 § 523. Effective week. "Effective week" means (a) a week during which
13 a claimant performs no services for which the claimant is paid compen-
14 sation, or (b) a week during which a claimant performs services on a
15 part-time basis for which the claimant is paid compensation that is less
16 than the claimant's weekly benefit rate plus his or her partial benefit
17 credit.
18 § 3. The labor law is amended by adding a new section 525 to read as
19 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05015-03-1
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1 § 525. Partial benefit credit. "Partial benefit credit" means that
2 part of the compensation, if any, paid to a claimant with respect to a
3 week for which benefits are claimed under the provisions of this law
4 which is not in excess of fifty per centum of the individual's weekly
5 benefit rate, or one hundred dollars, whichever is the greater. Such
6 partial benefit credit, if not a multiple of one dollar, shall be
7 computed to the next higher multiple of one dollar.
8 § 4. Subdivision 4 of section 527 of the labor law, as amended by
9 chapter 832 of the laws of 1968 and as renumbered by chapter 381 of the
10 laws of 1984, is amended to read as follows:
11 4. General condition. A valid original claim may be filed only in a
12 week [in which the claimant has at least one effective day of unemploy-
13 ment] that qualifies as an effective week of unemployment for the claim-
14 ant.
15 § 5. Subparagraph 2 of paragraph (e) of subdivision 1 of section 581
16 of the labor law, as amended by chapter 282 of the laws of 2002 and
17 clause (v) as added by chapter 106 of the laws of 2007, is amended to
18 read as follows:
19 (2) Benefits payable to any claimant with respect to the claimant's
20 then current benefit year shall be charged, when paid, to the account of
21 the last employer prior to the filing of a valid original claim in an
22 amount equal to seven times the claimant's benefit rate. Thereafter,
23 such charges shall be made to the account of each employer in the base
24 period used to establish the valid original claim in the same proportion
25 that the remuneration paid by each employer to the claimant during that
26 base period bears to the remuneration paid by all employers to the
27 claimant during that base period except as provided below:
28 (i) In those instances where the claimant may not utilize wages paid
29 to establish entitlement based upon subdivision ten of section five
30 hundred ninety of this article and an educational institution is the
31 claimant's last employer prior to the filing of the claim for benefits,
32 or the claimant performed services in such educational institution in
33 such capacity while employed by an educational service agency which is
34 the claimant's last employer prior to the filing of the claim for bene-
35 fits, such employer shall not be liable for benefit charges for the
36 first [twenty-eight effective days] seven effective weeks of benefits
37 paid as otherwise provided by this section. Under such circumstances,
38 benefits paid shall be charged to the general account. In addition,
39 wages paid during the base period by such educational institutions, or
40 for services in such educational institutions for claimants employed by
41 an educational service agency shall not be considered base period wages
42 during periods that such wages may not be used to gain entitlement to
43 benefits pursuant to subdivision ten of section five hundred ninety of
44 this article.
45 (ii) In those instances where the claimant may not utilize wages paid
46 to establish entitlement based upon subdivision eleven of section five
47 hundred ninety of this article and an educational institution is the
48 claimant's last employer prior to the filing of the claim for benefits,
49 or the claimant performed services in such educational institution in
50 such capacity while employed by an educational service agency which is
51 the claimant's last employer prior to the filing of the claim for bene-
52 fits, such employer shall not be liable for benefit charges for the
53 first [twenty-eight effective days] seven effective weeks of benefits
54 paid as otherwise provided by this section. Under such circumstances,
55 benefits paid will be charged to the general account. In addition, wages
56 paid during the base period by such educational institutions, or for
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1 services in such educational institutions for claimants employed by an
2 educational service agency shall not be considered base period wages
3 during periods that such wages may not be used to gain entitlement to
4 benefits pursuant to subdivision eleven of section five hundred ninety
5 of this article. However, in those instances where a claimant was not
6 afforded an opportunity to perform services for the educational institu-
7 tion for the next academic year or term after reasonable assurance was
8 provided, such employer shall be liable for benefit charges as provided
9 for in this paragraph for any retroactive payments made to the claimant.
10 (iii) In those instances where the federal government is the claim-
11 ant's last employer prior to the filing of the claim for benefits and
12 such employer is not a base-period employer, payments equaling the first
13 [twenty-eight effective days] seven effective weeks of benefits as
14 otherwise prescribed by this section shall be charged to the general
15 account. In those instances where the federal government is the claim-
16 ant's last employer prior to the filing of the claim for benefits and a
17 base-period employer, such employer shall be liable for charges for all
18 benefits paid on such claim in the same proportion that the remuneration
19 paid by such employer during the base period bears to the remuneration
20 paid by all employers during the base period. In addition, benefit
21 payment charges for the first [twenty-eight effective days] seven effec-
22 tive weeks of benefits other than those chargeable to the federal
23 government as prescribed above shall be made to the general account.
24 (iv) In those instances where a combined wage claim is filed pursuant
25 to interstate reciprocal agreements and the claimant's last employer
26 prior to the filing of the claim is an out-of-state employer and such
27 employer is not a base-period employer, benefit payments equaling the
28 first [twenty-eight effective days] seven effective weeks of benefits as
29 otherwise prescribed by this section shall be charged to the general
30 account. In those instances where the out-of-state employer is the last
31 employer prior to the filing of the claim for benefits and a base-period
32 employer such employer shall be liable for charges for all benefits paid
33 on such claim in the same proportion that the remuneration paid by such
34 employer during the base period bears to the remuneration paid by all
35 employers during the base period. In addition, benefit payment charges
36 for the [twenty-eight effective days] seven effective weeks of benefits
37 other than those chargeable to the out-of-state employer as prescribed
38 above shall be made to the general account.
39 (v) In those instances where the last employer prior to the filing of
40 a valid original claim has paid total remuneration to the claimant
41 during the period from the start of the base period used to establish
42 the benefit claim until the date of the claimant's filing of the valid
43 original claim in an amount less than or equal to six times the claim-
44 ant's benefit rate and the last employer has substantiated such amount
45 to the satisfaction of the commissioner within ten days of the commis-
46 sioner's original notice of potential charges to such last employer's
47 account, benefits shall be charged as follows: benefits payable to the
48 claimant with respect to the claimant's then current benefit year shall
49 be charged, when paid, to the account of such last employer prior to the
50 filing of a valid original claim in an amount equal to the lowest whole
51 number (one, two, three, four, five, or six) times the claimant's bene-
52 fit rate where the product of such lowest whole number times the claim-
53 ant's benefit rate is equal to or greater than such total remuneration
54 paid by such last employer to the claimant. Thereafter, such charges
55 shall be made to the account of each employer in the base period used to
56 establish the valid original claim in the same proportion that the
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1 remuneration paid by each employer to the claimant during that base
2 period bears to the remuneration paid by all employers to the claimant
3 during that base period. Notice of such recalculation of potential
4 charges shall be given to the last employer and each employer of the
5 claimant in the base period used to establish the valid original claim.
6 § 6. Subdivision 1 of section 590 of the labor law, as amended by
7 chapter 645 of the laws of 1951, is amended to read as follows:
8 1. Entitlement to benefits. A claimant shall be entitled to accumulate
9 effective [days] weeks for the purpose of benefit rights only if he has
10 complied with the provisions of this article regarding the filing of his
11 claim, including the filing of a valid original claim, registered as
12 totally or partially unemployed, reported his subsequent employment and
13 unemployment, and reported for work or otherwise given notice of the
14 continuance of his unemployment.
15 § 7. Subdivision 3 of section 590 of the labor law, as amended by
16 chapter 645 of the laws of 1951, is amended to read as follows:
17 3. Compensable periods. Benefits shall be paid for each [accumulation
18 of] effective [days within a] week.
19 § 8. Subdivision 4 of section 590 of the labor law, as amended by
20 chapter 457 of the laws of 1987, is amended to read as follows:
21 4. Duration. Benefits shall not be paid [for more than one hundred and
22 four effective days] in an amount greater than twenty-six times the
23 claimant's weekly benefit rate in any benefit year, except as provided
24 in section six hundred one and subdivision two of section five hundred
25 ninety-nine of this chapter.
26 § 9. Subdivision 5 of section 590 of the labor law is amended by
27 adding two new paragraphs (c) and (d) to read as follows:
28 (c) Benefit for partial unemployment. Except as provided in paragraph
29 (d) of this subdivision, any claimant who is partially unemployed with
30 respect to any effective week shall be paid, with respect to such effec-
31 tive week, a benefit equal to his weekly benefit rate less the total of
32 the remuneration, if any, paid or payable to him with respect to such
33 week for services performed which is in excess of his partial benefit
34 credit.
35 (d) Benefit for partial unemployment for certain claimants working one
36 day in a week. Any claimant who is partially unemployed with respect to
37 any effective week but whose employment is limited to one day during
38 that effective week and whose remuneration paid or payable to him with
39 respect to such week for services performed is less than his weekly
40 benefit rate shall be paid, with respect to such effective week, a bene-
41 fit equal to three-quarters of his weekly benefit rate, or if higher,
42 the benefit calculated pursuant to paragraph (c) of this subdivision.
43 § 10. Subdivision 6 of section 590 of the labor law, as added by chap-
44 ter 720 of the laws of 1953 and as renumbered by chapter 675 of the laws
45 of 1977, is amended to read as follows:
46 6. Notification requirement. No effective [day] week shall be counted
47 for any purposes except effective [days] weeks as to which notification
48 has been given in a manner prescribed by the commissioner.
49 § 11. Subdivision 7 of section 590 of the labor law, as amended by
50 chapter 415 of the laws of 1983, is amended to read as follows:
51 7. Waiting period. A claimant shall not be entitled to accumulate
52 effective [days] weeks for the purpose of benefit payments until he has
53 accumulated a waiting period of [four effective days either wholly with-
54 in the week in which he established his valid original claim or partly
55 within such week and partly within his benefit year initiated by such
56 claim] one effective week.
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1 § 12. Subdivision 1 of section 591 of the labor law, as amended by
2 chapter 413 of the laws of 2003, is amended to read as follows:
3 1. Unemployment. Benefits, except as provided in section five hundred
4 ninety-one-a of this title, shall be paid only to a claimant who is
5 totally unemployed or partially unemployed and who is unable to engage
6 in his usual employment or in any other for which he is reasonably
7 fitted by training and experience. A claimant who is receiving benefits
8 under this article shall not be denied such benefits pursuant to this
9 subdivision or to subdivision two of this section because of such claim-
10 ant's service on a grand or petit jury of any state or of the United
11 States.
12 § 13. Subdivision 1 of section 591 of the labor law, as amended by
13 chapter 446 of the laws of 1981, is amended to read as follows:
14 1. Unemployment. Benefits shall be paid only to a claimant who is
15 totally unemployed or partially unemployed and who is unable to engage
16 in his usual employment or in any other for which he is reasonably
17 fitted by training and experience. A claimant who is receiving benefits
18 under this article shall not be denied such benefits pursuant to this
19 subdivision or to subdivision two of this section because of such claim-
20 ant's service on a grand or petit jury of any state or of the United
21 States.
22 § 14. Paragraph (a) of subdivision 3 of section 591 of the labor law
23 is REPEALED and a new paragraph (a) is added to read as follows:
24 (a) Compensation paid to a claimant for any day during a paid vacation
25 period, or for a paid holiday, shall be considered compensation from
26 employment.
27 § 15. Subparagraph (i) of paragraph (b) of subdivision 2 of section
28 591-a of the labor law, as amended by section 14 of part O of chapter 57
29 of the laws of 2013, is amended to read as follows:
30 (i) requirements relating to total unemployment and partial unemploy-
31 ment, as defined in section five hundred twenty-two of this article,
32 availability for work and search for work, as set forth in subdivision
33 two of section five hundred ninety-one of this title and refusal to
34 accept work, as set forth in subdivision two of section five hundred
35 ninety-three of this title, are not applicable to such individuals;
36 § 16. Subdivision 2 of section 592 of the labor law, as amended by
37 chapter 415 of the laws of 1983, is amended to read as follows:
38 2. Concurrent payments prohibited. No [days] weeks of total unemploy-
39 ment or partial unemployment shall be deemed to occur in any week with
40 respect to which [or a part of which] a claimant has received or is
41 seeking unemployment benefits under an unemployment compensation law of
42 any other state or of the United States, provided that this provision
43 shall not apply if the appropriate agency of such other state or of the
44 United States finally determines that he is not entitled to such unem-
45 ployment benefits.
46 § 17. Paragraph (a) of subdivision 1 of section 593 of the labor law,
47 as amended by section 15 of part O of chapter 57 of the laws of 2013, is
48 amended to read as follows:
49 (a) No [days] weeks of total unemployment or partial unemployment
50 shall be deemed to occur after a claimant's voluntary separation without
51 good cause from employment until he or she has subsequently worked in
52 employment and earned remuneration at least equal to ten times his or
53 her weekly benefit rate. In addition to other circumstances that may be
54 found to constitute good cause, including a compelling family reason as
55 set forth in paragraph (b) of this subdivision, voluntary separation
56 from employment shall not in itself disqualify a claimant if circum-
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1 stances have developed in the course of such employment that would have
2 justified the claimant in refusing such employment in the first instance
3 under the terms of subdivision two of this section or if the claimant,
4 pursuant to an option provided under a collective bargaining agreement
5 or written employer plan which permits waiver of his or her right to
6 retain the employment when there is a temporary layoff because of lack
7 of work, has elected to be separated for a temporary period and the
8 employer has consented thereto.
9 § 18. The opening paragraph of subdivision 2 of section 593 of the
10 labor law, as amended by section 15 of part O of chapter 57 of the laws
11 of 2013, is amended to read as follows:
12 No [days] weeks of total unemployment or partial unemployment shall be
13 deemed to occur beginning with the [day on] week in which a claimant,
14 without good cause, refuses to accept an offer of employment for which
15 he or she is reasonably fitted by training and experience, including
16 employment not subject to this article, until he or she has subsequently
17 worked in employment and earned remuneration at least equal to ten times
18 his or her weekly benefit rate. Except that claimants who are not
19 subject to a recall date or who do not obtain employment through a union
20 hiring hall and who are still unemployed after receiving ten weeks of
21 benefits shall be required to accept any employment proffered that such
22 claimants are capable of performing, provided that such employment would
23 result in a wage not less than eighty percent of such claimant's high
24 calendar quarter wages received in the base period and not substantially
25 less than the prevailing wage for similar work in the locality as
26 provided for in paragraph (d) of this subdivision. No refusal to accept
27 employment shall be deemed without good cause nor shall it disqualify
28 any claimant otherwise eligible to receive benefits if:
29 § 19. Subdivision 3 of section 593 of the labor law, as amended by
30 section 15 of part O of chapter 57 of the laws of 2013, is amended to
31 read as follows:
32 3. Misconduct. No [days] weeks of total unemployment or partial unem-
33 ployment shall be deemed to occur after a claimant lost employment
34 through misconduct in connection with his or her employment until he or
35 she has subsequently worked in employment and earned remuneration at
36 least equal to ten times his or her weekly benefit rate.
37 § 20. Subdivision 4 of section 593 of the labor law, as amended by
38 chapter 589 of the laws of 1998, is amended to read as follows:
39 4. Criminal acts. No [days] weeks of total unemployment or partial
40 unemployment shall be deemed to occur during a period of twelve months
41 after a claimant loses employment as a result of an act constituting a
42 felony in connection with such employment, provided the claimant is duly
43 convicted thereof or has signed a statement admitting that he or she has
44 committed such an act. Determinations regarding a benefit claim may be
45 reviewed at any time. Any benefits paid to a claimant prior to a deter-
46 mination that the claimant has lost employment as a result of such act
47 shall not be considered to have been accepted by the claimant in good
48 faith. In addition, remuneration paid to the claimant by the affected
49 employer prior to the claimant's loss of employment due to such criminal
50 act may not be utilized for the purpose of establishing entitlement to a
51 subsequent, valid original claim. The provisions of this subdivision
52 shall apply even if the employment lost as a result of such act is not
53 the claimant's last employment prior to the filing of his or her claim.
54 § 21. Subdivisions 1 and 2 of section 594 of the labor law, as amended
55 by section 16 of part O of chapter 57 of the laws of 2013, are amended
56 to read as follows:
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1 (1) A claimant who has wilfully made a false statement or represen-
2 tation to obtain any benefit under the provisions of this article shall
3 forfeit benefits for at least the first [four] one but not more than the
4 first [eighty] twenty effective [days] weeks following discovery of such
5 offense for which he or she otherwise would have been entitled to
6 receive benefits. Such penalty shall apply only once with respect to
7 each such offense.
8 (2) For the purpose of subdivision four of section five hundred ninety
9 of this article, the claimant shall be deemed to have received benefits
10 for such forfeited effective [days] weeks.
11 § 22. Subdivision 1 of section 596 of the labor law, as amended by
12 chapter 204 of the laws of 1982, is amended to read as follows:
13 1. Claim filing and certification to unemployment. A claimant shall
14 file a claim for benefits at the local state employment office serving
15 the area in which he was last employed or in which he resides within
16 such time and in such manner as the commissioner shall prescribe. He
17 shall disclose whether he owes child support obligations, as hereafter
18 defined. If a claimant making such disclosure is eligible for benefits,
19 the commissioner shall notify the state or local child support enforce-
20 ment agency, as hereafter defined, that the claimant is eligible.
21 A claimant shall correctly report any [days] weeks of employment and
22 any compensation he received for such employment, including employments
23 not subject to this article, and the [days on] weeks during which he was
24 totally unemployed or partially unemployed and shall make such reports
25 in accordance with such regulations as the commissioner shall prescribe.
26 § 23. Subdivision 4 of section 596 of the labor law, as added by chap-
27 ter 705 of the laws of 1944, as renumbered by section 148-a of part B of
28 chapter 436 of the laws of 1997 and such section as renumbered by chap-
29 ter 663 of the laws of 1946, is amended to read as follows:
30 4. Registration and reporting for work. A claimant shall register as
31 totally unemployed or partially unemployed at a local state employment
32 office serving the area in which he was last employed or in which he
33 resides in accordance with such regulations as the commissioner shall
34 prescribe. After so registering, such claimant shall report for work at
35 the same local state employment office or otherwise give notice of the
36 continuance of his unemployment as often and in such manner as the
37 commissioner shall prescribe.
38 § 24. Paragraph (a) of subdivision 2 of section 599 of the labor law,
39 as amended by chapter 593 of the laws of 1991, is amended to read as
40 follows:
41 (a) Notwithstanding any other provision of this chapter, a claimant
42 attending an approved training course or program under this section may
43 receive additional benefits of up to [one hundred four] twenty-six
44 effective [days] weeks following exhaustion of regular and, if in
45 effect, any other extended benefits, provided that entitlement to a new
46 benefit claim cannot be established. Certification of continued satis-
47 factory participation and progress in such training course or program
48 must be submitted to the commissioner prior to the payment of any such
49 benefits. The duration of such additional benefits shall in no case
50 exceed twice the number of effective [days] weeks of regular benefits to
51 which the claimant is entitled at the time the claimant is accepted in,
52 or demonstrates application for appropriate training.
53 § 25. The opening paragraph and paragraph (e) of subdivision 2 of
54 section 601 of the labor law, as amended by chapter 35 of the laws of
55 2009, are amended to read as follows:
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1 Extended benefits shall be payable to a claimant for effective [days]
2 weeks occurring [in any week] within an eligibility period, provided the
3 claimant
4 (e) is not claiming benefits pursuant to an interstate claim filed
5 under the interstate benefit payment plan in a state where an extended
6 benefit period is not in effect, except that this condition shall not
7 apply with respect to the first [eight] two effective [days] weeks for
8 which extended benefits shall otherwise be payable pursuant to an inter-
9 state claim filed under the interstate benefit payment plan; and
10 § 26. Paragraphs (b) and (c) of subdivision 3 of section 601 of the
11 labor law, as amended by chapter 35 of the laws of 2009, are amended to
12 read as follows:
13 (b) for not more than [fifty-two] thirteen effective [days] weeks with
14 respect to his or her applicable benefit year, with a total maximum
15 amount equal to fifty percentum of the total maximum amount of regular
16 benefits payable in such benefit year, and
17 (c) if a claimant's benefit year ends within an extended benefit peri-
18 od, the remaining balance of extended benefits to which he or she would
19 be entitled, if any, shall be reduced by the number of effective [days]
20 weeks for which he or she was entitled to receive trade readjustment
21 allowances under the federal trade act of nineteen hundred seventy-four
22 during such benefit year, and
23 § 27. Subdivision 4 of section 601 of the labor law, as amended by
24 chapter 35 of the laws of 2009, is amended to read as follows:
25 4. Charging of extended benefits. The provisions of paragraph (e) of
26 subdivision one of section five hundred eighty-one of this article shall
27 apply to benefits paid pursuant to the provisions of this section, and
28 if they were paid for effective [days occurring in] weeks following the
29 end of a benefit year, they shall be deemed paid with respect to that
30 benefit year. However, except for governmental entities as defined in
31 section five hundred sixty-five and Indian tribes as defined in section
32 five hundred sixty-six of this article, only one-half of the amount of
33 such benefits shall be debited to the employers' account; the remainder
34 thereof shall be debited to the general account, and such account shall
35 be credited with the amount of payments received in the fund pursuant to
36 the provisions of the federal-state extended unemployment compensation
37 act. Notwithstanding the foregoing, where the state has entered an
38 extended benefit period triggered pursuant to subparagraph one of para-
39 graph (a) of subdivision one of this section for which federal law
40 provides for one hundred percent federal sharing of the costs of bene-
41 fits, all charges shall be debited to the general account and such
42 account shall be credited with the amount of payments received in the
43 fund pursuant to the provisions of the federal-state extended unemploy-
44 ment compensation act or other federal law providing for one hundred
45 percent federal sharing for the cost of such benefits.
46 § 28. Paragraph (b) of subdivision 5 of section 601 of the labor law,
47 as amended by chapter 35 of the laws of 2009, is amended to read as
48 follows:
49 (b) No [days] weeks of total unemployment or partial unemployment
50 shall be deemed to occur [in any week] within an eligibility period
51 during which a claimant fails to accept any offer of suitable work or
52 fails to apply for suitable work to which he or she was referred by the
53 commissioner, who shall make such referral if such work is available, or
54 during which he or she fails to engage actively in seeking work by
55 making a systematic and sustained effort to obtain work and providing
56 tangible evidence of such effort, and until he or she has worked in
A. 2355--A 9
1 employment during at least four subsequent weeks and earned remuneration
2 of at least four times his or her benefit rate.
3 § 29. Paragraph (e) of subdivision 5 of section 601 of the labor law,
4 as amended by chapter 35 of the laws of 2009, is amended to read as
5 follows:
6 (e) No [days] weeks of total unemployment or partial unemployment
7 shall be deemed to occur [in any week] within an eligibility period
8 under section five hundred ninety-three of this article, until he or she
9 has subsequently worked in employment in accordance with the require-
10 ments set forth in section five hundred ninety-three of this article.
11 § 30. Section 603 of the labor law, as amended by section 21 of part O
12 of chapter 57 of the laws of 2013, is amended to read as follows:
13 § 603. Definitions. For purposes of this title: "Total unemployment"
14 shall mean the total lack of any employment [on any day] during any week
15 and "partial unemployment" shall mean any employment during any week
16 that is less than full-time employment so long as the compensation paid
17 is less than the claimant's weekly benefit rate plus the claimant's
18 partial benefit credit, other than with an employer applying for a
19 shared work program. "Work force" shall mean the total work force, a
20 clearly identifiable unit or units thereof, or a particular shift or
21 shifts. The work force subject to reduction shall consist of no less
22 than two employees.
23 § 31. This act shall take effect on the thirtieth day after it shall
24 have become a law, provided that the amendments to subdivision 1 of
25 section 591 of the labor law made by section twelve of this act shall be
26 subject to the expiration and reversion of such subdivision pursuant to
27 section 10 of chapter 413 of the laws of 2003, as amended, when upon
28 such date the provisions of section thirteen of this act shall take
29 effect; provided further that the amendments to section 591-a of the
30 labor law made by section fifteen of this act shall not affect the
31 repeal of such section and shall be deemed repealed therewith.
